Terms of Service

Terms of Service

This User Agreement ("Agreement") describes the conditions of use for the "BarGraders" service on the www.bargraders.com website, which is owned by BarGraders, Inc. (hereinafter "BarGraders"). By clicking on the "I Agree" button below, you agree to be bound by all of the terms and conditions contained in this Agreement. BarGraders reserves the right at its discretion to change the terms of this Agreement and will notify users of any such changes by online postings. Your continued use of the "BarGraders" service after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes.

  1. Services
    • Upon your enrollment in the BarGraders essay program ("Program"), as more fully described below, BarGraders will provide you the services described herein ("Service"). For Law Firm Solution users, you may register for a Program as a primary account-holder or a subaccount-holder. If you register as a subaccount-holder, you will be prompted to enter a password that can be obtained only through the holder of the primary account to which your subaccount belongs. Please be aware that if you register as a subaccount-holder, the holder of the primary account with which your subaccount is associated has the ability to monitor and review your use of the Service. As used herein, the terms "you," "your," and "Users" refer collectively to all account-holders.
    • By registering for BarGraders, you agree to comply promptly and fully with the rules, regulations and policies of the Program as heretofore or hereafter announced or published by BarGraders. Failure to comply with any term of the Agreement shall automatically terminate your right to use the Service.
  2. Cancellation and Expiration of Exams
    • You have a right to cancel this Agreement and obtain a refund within 3 days of registration provided that you do not submit any answers for grading via the www.bargraders.com website or facsimile ("Cancellation Period"). If you notify BarGraders of your cancellation of this Agreement by emailing webmaster@bargraders.com within the Cancellation Period, you have a right to a full refund of all amounts paid, less a nonrefundable processing fee of $100.
    • Your account will stay active for a period of twelve months from your first login. All unused exams and services will expire twelve months from the date of purchase. Unused exams and services are not refundable and are not transferable.
  3. Copyright Notice
    • All content provided to you on this site, including the questions provided by BarGraders to you and all other text, graphics, logos, images and software (including but not limited to the HTML code used to generate the pages on the website) is the property of BarGraders and is protected by U.S. and international copyright laws. All rights are reserved. All other copyrights, trademarks and other intellectual property rights referred to in this website belong to their respective owners.
  4. Permission to Use Essays
    • You automatically grant BarGraders, our successors, assigns and legal representatives, (1) all rights, title and interest in the intellectual property rights, including all common law rights, in and to the essays or other materials submitted by you to BarGraders, and (2) an irrevocable, perpetual, royalty-free, transferable and worldwide right and license to use, copy, modify, adapt, publish, translate, create derivative works from and sell and distribute any essays or other materials submitted by you to BarGraders or incorporate such essays and materials into any form, medium or technology without compensation to you. In addition, you warrant that all so-called moral rights in those essays and materials have been waived. None of the essays and materials shall be subject to any obligation of confidence on the part of BarGraders. BarGraders will not include information in the essays and materials that allows for individual identification, unless you give specific permission to BarGraders to use your name. You represent and warrant that the essays or other materials submitted to BarGraders do not violate or infringe upon the rights of third parties, and that no rights or licenses of any kind respecting the essays and such other materials have been granted to any other person or entity. You also acknowledge that we will have the right to use or not to use the essays and any other materials or any portion thereof submitted by you to BarGraders for any purpose without attribution as to source.
  5. Your Registration Requirements
    • Where applicable, in consideration of your use of the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the website's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, BarGraders has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
    • If you register for BarGraders as a subaccount-holder, you warrant that you have obtained prior authorization from the holder of the Law Firm Solution account to which your subaccount belongs. Should you fail to obtain such prior authorization, the holder of the Law Firm Solution account with which your subaccount is associated will have the ability to request that your right to use the Service be terminated.
    • If you are a Law Firm Solution account holder and you believe that the holder of a subaccount associated with your primary account failed to obtain prior authorization from you, please write to us at info@bargraders.com.
  6. Member Account, Password and Security
    • You will receive a password and account designation upon completing the Service's registration process. Personal accounts may only be used by the registered user. Law Firm Solution accounts may be used by any subaccount holder authorized by the primary account holder. You are responsible for maintaining the confidentiality of the password and account. You may not distribute (including via e-mail or the Internet) or otherwise make available, copies of questions and other material provided to you in the Program to others, whether or not for payment or other consideration, without the written permission of BarGraders. You agree to (a) immediately notify BarGraders of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BarGraders cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
  7. BarGraders Evaluation
    • As more fully described in the Program, BarGraders will grade the essay answers submitted by you within a timely manner. Reasonable effort is made to provide answers within the timeframes indicated with your package. However, failure to receive a graded answer within that timeframe will not void this Agreement or entitle you to any additional benefits, remedies or services. You understand that the information, comments, grades and evaluation provided by BarGraders are the opinions of third party individuals or entities employed by BarGraders and do not in any way guarantee results on any applicable state bar exams.
  8. Promotional Offer Rules and Restrictions
    • In order to apply an offer:
      1. complete the order form on our sign up page, including all services to be purchased;
      2. enter a valid promotional offer code in the Promotion Code box;
      3. confirm your purchase.
    • When redeeming an offer, please read the entire list of restrictions associated with the offer. Only one promotional offer may be used per order. Limit one offer per household. Each offer is valid for a limited time only and expires on the date specified in the offer. Offers may not be combined with any other offers. Offers can be redeemed only at the time you place an order. Offers cannot be applied to orders already placed with BarGraders. Offer's cash value is 1/10th of one cent. Offer is not for resale and is not redeemable for cash. Certain offers contain usage restrictions or minimum requirements, failure to meet those restrictions or requirements voids the offer and BarGraders reserves the right to cancel your order and refund your purchase price.
  9. Privacy Policy
    • Except as modified by this Agreement, all terms of the Privacy Policy are incorporated by reference. Please click in this link at http://www.bargraders.com/privacy.php to view those terms.
  10. Disclaimers, Limitations, and Dispute Resolution
    • (a) Disclaimer.BARGRADERS'S WEBSITE CONTAINS, FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. BARGRADERS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARGRADERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
    • (b) Limitations.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BARGRADERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. No arbitration or other claim under this Agreement may be brought by you against BarGraders more than one (1) year after the cause of action arises. BarGraders shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason of any event beyond BarGraders' reasonable control, including any act of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications.
    • (c) Arbitration.Any controversy or dispute arising out of this Agreement shall be settled by arbitration under the Rules of the American Arbitration Association ("the Rules") and not in Court. The Arbitration shall be held in San Francisco, California and the Arbitrator shall apply California Law without regard to conflict of laws principles in reaching a decision.
  11. Limitation of Liability
    • YOU EXPRESSLY UNDERSTAND AND AGREE THAT BARGRADERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BARGRADERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
  12. Exclusions and Limitations
    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
  13. Other Terms
    • If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
  14. MISCELLANEOUS
    • BarGraders may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. The failure of BarGraders to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
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